NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements contained in the Lease Agreement and herein, Owner and Tenant hereby agree as follows:
1. Applicability of Association Instruments and Rules. Landlord and Tenant's acknowledge the right to use and occupy the Premises within The Grande at Canal Pointe Condominium Association, and shall be subject and subordinate in all respects to the provisions of the Association Instruments and to such Rules and Regulations as the Council of the Association may from time to time adopt. A copy of the Rules and Regulations is attached hereto as
Exhibit A. By signing this Addendum, the Tenant acknowledges receipt of such Rules and Regulations and agrees to abide by and adhere to same.
2. Occupancy. Tenant acknowledges the Premises shall be occupied for residential purposes only and shall be occupied by no more than two persons per bedroom plus two additional persons per dwelling unless the Lease Agreement to which this Addendum is attached restricts the occupancy to fewer persons. Children under the age of six (6) shall not be counted in this restriction.
3. Violations. Any violation of the provisions of the Association Instruments or the Rules and Regulations by Tenant, or Tenant's family, guests, agents, employees, invitees, or pets shall constitute a material breach of the Lease Agreement. The Tenant hereby agrees and understands that in the event of such violation the Tenant’s occupancy of the Premises may be immediately terminated and the Tenant shall vacate the Premises. Violations are subject to monetary penalty.
4. Indemnification. Tenant shall indemnify and hold harmless Owner and Association from and against any damages, direct or indirect, incurred as a result of the non-compliance by any of the aforesaid persons with the provisions of any of the Association Instruments, Rules and Regulations, or any other covenant of the Lease Agreement. Owner and Tenant shall indemnify and hold harmless the Association from any claims of harm, loss, damage and/or injury resulting from the Association’s enforcement of Association Instruments, Rules and Regulations or any other covenant of the Lease Agreement, and against any losses or costs incurred by the Association in enforcing the provisions hereof with respect to any of their respective successors, assigns or sublessees.
5. Successors. The provisions of this Addendum shall apply to any and all of Owner's and Tenant's successors, assigns and sublessees.
6. Conflict. In the event of any conflict or inconsistency between the provisions of this Lease Addendum and the provision of the Lease executed by Landlord and Tenant, the provisions of this Lease Addendum shall control.
7. No Subletting. Landlord and Tenant acknowledge that there shall be no assignment or subletting of the Lease agreement.
8. Disputes. Any disputes between the Association and the Landlord and/or Tenant arising out of Tenant’s occupancy of the Premises or brought pursuant to this Lease Addendum shall be governed by the laws of the State of Delaware
IN WITNESS WHEREOF, the parties hereto have read and agree to be bound by the above terms and conditions of this Lease Addendum as of the effective date set forth below.
